IPU PARLINE database: SERBIA (Narodna skupstina), Oversight

Parliament name (generic / translated)

Narodna skupstina / National Assembly

Structure of parliament

Unicameral

Type of political regime

semi-presidential

Notes

The Constitution, the supreme legal act of the Republic of Serbia, was adopted in 2006. The Constitution stipulates that the National Assembly is a representative body and is invested with the constitutional and legislative power of the Republic of Serbia. The Government and President of the Republic of Serbia are the holders of executive power.

Head of the executive

President of the Republic

Notes

The President of Serbia represents the Republic of Serbia in the country and abroad, promulgates laws by decree and performs other duties stipulated by the Constitution. (Article 112).

The President of the Republic shall be elected in direct elections, by secret ballot, in accordance with the law.
Elections for the President of the Republic are called by the Speaker of the National Assembly 90 days before the end of the term of office of the President of the Republic, so as to ensure that the election procedure is completed within the following 60 days, in accordance with the law.

Method for appointing the executive

The President of the Republic proposes a candidate for the post of Prime Minister to the National Assembly after consulting with the representatives of elected political parties. The candidate for the post of Prime Minister presents the government's policy programme to the National Assembly and proposes a cabinet.
The National Assembly simultaneously votes on the proposed government policy programme and the election of the Prime Minister and members of the government. The government is elected if the majority of the total number of MPs votes for it.

Term of office of the executive and coincidence with the term of the legislature

The term of office of the government shall last until the expiry of the term of office of the National Assembly that elected it.
The term of office of the government shall commence on the day the oath of office is taken before the National Assembly.
The term of office of the government shall terminate before the expiry of the period of time for which it has been elected by a vote of no-confidence, dissolution of the National Assembly, resignation of the President of the Republic or any other cases stipulated by the Constitution.
The government whose term of office has expired may only perform duties stipulated by the law, until the election of the new government.
The government whose term of office has expired may not propose the dissolution of the National Assembly.
The term of office of the members of the government shall terminate before the expiry of the period of time for which they have been elected, by the acceptance of their resignation, through a vote of no-confidence by the National Assembly and dismissal by the National Assembly, upon the proposal of the Prime Minister.

Incompatibility of the functions of member of the executive and member of Parliament

Yes

Members of the government may not become members of the National Assembly, members of the assembly of an autonomous province, local councillors or members of the executive of an autonomous province or the executive body of a local government.
The law governs other functions, businesses and private affairs that are not compatible or are in conflict with the office of member of government.

Dissolution of Parliament

Yes

Circumstances

The President of the Republic may dissolve the National Assembly upon the proposal of the government.
The government may not propose the dissolution of the National Assembly if a vote of no-confidence in the government has been moved or in cases where confidence in the government has been raised. The National Assembly shall be dissolved if it fails to elect a government within 90 days from the day of its constitution.
The National Assembly may not be dissolved during a state of war or emergency.
The President of the Republic shall be obliged to dissolve the government within 90 days of its constitution.
The National Assembly cannot be dissolved during a state of war or emergency.
The President of the Republic shall be obliged to dissolve the National Assembly by decree in cases stipulated by the Constitution.

Modalities

Concurrently with the dissolution of the National Assembly, the President of the Republic shall call general and parliamentary elections, so that elections are completed no later than 60 days from the day of their announcement.
The National Assembly which has been dissolved only performs current or urgent tasks stipulated by the law.
In cases where a state of war or emergency has been declared, the parliament's full powers shall be restored and shall last until the end of the state of war or emergency

Accountability of Government to Parliament

Yes

The government is accountable to the National Assembly for pursuing the policy of the Republic of Serbia, implementing laws, regulations and other decisions of the National Assembly and for the actions of the state administration.

Modalities of oversight

Oral and written questions of parliamentarians

Members of parliament are entitled to ask questions to individual ministers or the government within their sphere of competence. Parliamentary questions shall be communicated to the competent minister or the government.

Government reports to Parliament

The government shall report to the National Assembly on its work, and particularly on its policies, enforcement of laws and other general decisions, implementation of development and spatial plans and execution of the State budget. The government shall submit a report to the National Assembly upon request or on its own initiative at least once a year. Implementation of development and spatial plans and execution of the State budget The government shall submit a report to the National Assembly when so requested or on its own initiative, at least once a year.

Measures

Vote of confidence on Government programs and/or legislative proposals

The government may seek a vote of confidence from the parliament.
The motion for a vote of confidence in the government or one of its members shall be discussed by the National Assembly at its next session, and in any case no later than five days after the motion is submitted. After the discussion is concluded, the National Assembly shall vote on the motion.
The proposal for a vote of confidence in the government is accepted if more than half of the total number of MPs vote for the proposal. If the National Assembly passes a vote of no-confidence in the government, the government's mandate is terminated and the President of the Republic shall be obliged to take steps for the election of a new government. If the National Assembly fails to elect a new government within 30 days of the passing of a vote of confidence, the President of the Republic shall be obliged to dissolve the National Assembly and call elections.

Motions of censure and votes of no confidence (sub-report)

Circumstances

A motion for a vote of confidence in the government or a member of the government may be moved by at least 60 MPs. The motion for a vote of confidence in the government or a member of the government shall be discussed by the National Assembly at its next session, and in any case no later than five days after the motion is submitted. After the discussion is concluded, the National Assembly shall vote on the proposal. The proposal for a vote of confidence in the government is accepted if more than half of the total number of MPs vote for the proposal.

Modalites

If the National Assembly passes a vote of no-confidence in the government, the President of the Republic shall be obliged to take steps for the election of a new government.

Consequences

If the National Assembly fails to elect a new government within 30 days of the passing of a vote of confidence, the President of the Republic shall be obliged to dissolve the National Assembly and call elections. If the National Assembly passes a vote of no-confidence in the member of the government, the President of the Republic shall be obliged to take steps for the election of the new member of the government, in accordance with the law.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The member of the government in question may tender his/her resignation to the Prime Minister. The Prime Minister may submit a motion for the dismissal of the member of the government to the National Assembly.

Modalites and procedure

The Prime Minister shall submit the resignation of a member of the government to the Speaker of the National Assembly and the National Assembly, at the next session, which shall take note of the resignation When the dismissal of a government minister is proposed by the Prime Minister, the National Assembly deliberates and votes on the proposal for the dismissal of a member of the government at its next session.
The member of the government is dismissed if the majority of the total number of MPs votes for the proposal.

Consequences

The powers and competences of the member of the government who has tendered his/her resignation, or of the member of the government whose dismissal has been proposed is governed by law until termination of his/her
mandate,
Upon termination of the term of office of a member of the government by resignation or dismissal, the Prime Minister is obliged, in accordance with the law, to take steps for the election of a new member of the government.

Have these procedures been applied?

No.

Oversight over the actions of the Government administration

Yes

The government is held accountable to the National Assembly for implementing the policy of the Republic of Serbia, laws, regulations and other acts of the National
Assembly and for the activities of the state administration.

Means and modalities of oversight

Hearings in Committees

Committees may organize public hearings for the purpose of obtaining information, or seek professional opinions on proposed acts in parliamentary proceedings, clarification of certain provisions from an existing or proposed act, clarification of issues of importance for the preparation of bills or other issues falling within the purview of the committee, as well as for the purpose of monitoring the implementation and enforcement of legislation, i.e. the oversight power of the National Assembly.

Committees of inquiry and missions to Government departments

Oral and written questions of parliamentarians

Members of parliament are entitled to pose a parliamentary question to individual government ministers within their sphere of competence. Every last Thursday of the month during an on-going parliamentary session, the National Assembly holds a special sitting when members of the government answer oral questions posed by the members of parliament.

Role of Parliament in the appointment of senior Government officials

A candidate for the office of Prime Minister is proposed to the National Assembly by the President of the Republic after consulting the representatives of elected political parties.
The candidate for the office of Prime Minister shall present to the National Assembly the government's policy programme and propose its composition.
The National Assembly concurrently votes on the government's policy programme and the election of the Prime Minister and members of the government.
The government is elected if the majority of the total number of MPs votes for it.

Activity reports of the Government administration and of public services or establishments

The government reports to the National Assembly on its work, in particular on the implementation of policies, laws and other general acts, development and spatial plans and execution of the State budget.
The government shall submit a report to the National Assembly upon request or on its own initiative at least once a year.

Representation of Parliament in governing bodies of the Government administration

No.

Existence of an ombudsman

Yes

Method for appointing the executive

The National Assembly elects and removes from office the Ombudsperson, in accordance with the Constitution and the law.

Relationship to Parliament

The Ombudsperson is accountable to the National Assembly for its work.
The Ombudsperson enjoys the same immunity as a Member of Parliament. The National Assembly shall take decisions regarding the immunity of the Ombudsperson.

Consultation of Parliament in the preparation of the national budget

No

Modalities of oversight

Examination of the budget / finance act by Parliament

The bill on the budget of the Republic of Serbia explaining its constitutional basis and other related legal and procedural issues), is submitted by the government to the National Assembly, within the legally set timeframe. The budget of the Republic of Serbia for the following year is adopted by the National Assembly within the time frame provided by the law on the budget system.

Reports on the budget / finance act by Committees

Prior to its consideration in the plenary, the bill on the State budget can be considered in committees, in keeping with their remit, and their respective reports are submitted to the committee responsible for the budget.

Fields overseen

Defence budget

The defence budget is included in the State Budget and adopted by the National Assembly.

Budget of special departments

The budget for each area is included in the State budget and adopted by the National Assembly.

Role of Parliament in national development plans

The National Assembly adopts the Development Plan of the Republic of Serbia and the Spatial Plan of the Republic of Serbia.

Parliament's deadline for the examination and adoption of the budget / finance act

On 1 November, the government adopts the bill on the Budget of the Republic of Serbia and submits it to the National Assembly.
On 15 December, the National Assembly enacts the Act on the Budget of the Republic of Serbia.

Consequences of failure by Parliament to adopt the budget / finance act

If the National Assembly does not enact the budget within the legally prescribed timeframe, tentative financing will be introduced, for a period not exceeding the first three months of the fiscal year.

Budgetary autonomy of Parliament

Yes

The Secretary General prepares the proposal of the National Assembly budget and submits it to the competent Committee. The draft National Assembly budget is prepared in accordance with the guidelines on budget preparation, pursuant to the memorandum on the budget and economic and fiscal policy, which is submitted to the National Assembly by the ministry responsible for the financial matters.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Reports that are in accordance with the law submitted to the National Assembly by various independent institutions responsible for the protection of citizens' rights and oversight of the state authorities; institutions responsible for providing legal protection of property rights and interests of the Republic of Serbia, as well as other bodies, organizations and companies with public functions; responsible for the protection of the right to free access to information of public importance and the protection of personal data; protection of the equality of citizens and scrutiny of public expenditures, as well as reports of the institution tasked with combating corruption, are submitted and considered by competent Committees. After consideration of reports, each Committee may propose to the National Assembly, actions as provided for by the law, in accordance with the recommendations contained in the submitted report.

Parliamentary oversight of public companies

Yes

Modalities of oversight

Body for auditing the Government's books and method for appointing

The State Audit Institution

Reports of the public auditor's office

For performing tasks within its purview, the Institution is accountable to the National Assembly of the Republic of Serbia.

Specialised committee

Committee on Finance, State Budget and Public Accounts.

Foreign Relations Committee (sub-report)

Functions of the Committee

The Foreign Affairs Committee considers bills and proposals of other general acts, as well as other issues regarding: foreign policy, relations with other countries, international organizations and institutions, ratification of international treaties in the area of foreign-policy relations, regulation of the procedure of concluding and enforcing international treaties, protection of the rights and interests of the Republic of Serbia and its citizens and national legal entities abroad.

Powers of the Committee

The Committee conducts interviews with the ambassadors of the Republic of Serbia before they assume their diplomatic duties.
The Committee decides on the composition of ad hoc delegations of the National Assembly, as well as their objectives and tasks. The Committee designates heads and members of parliamentary friendship groups and approves decisions on exchange visits with parliamentary friendship groups of other countries, and keeps records on membership. The Committee considers and adopts reports of the National Assembly delegations' visits and their participation in international meetings.

Composition of the Committee

The Committee is composed of 17 members. Its composition in terms of titular and substitute members is determined based on the proportional representation of political groups in the parliament, so that the ruling parties make the majority of the Committee.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Within the framework of pursuing direct and general bilateral cooperation, the National Assembly organizes parliamentary visits to the country at all levels, and various parliamentary contacts are regularly established (individual contacts, meetings with foreign parliamentary delegations or parliamentarians). Furthermore, bilateral visits of the National Assembly MPs, primarily the Speaker of the National Assembly, working bodies and other delegations, to other countries are organized.

In the National Assembly, international contacts are made and meetings are held with officials of foreign countries, representatives of international organizations and other international bodies visiting the country, as well as with the representatives of the diplomatic corps.

Plenary debates on foreign policy issues

No.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The Law on Ratification of International Agreements is adopted in line with the Standing Orders of the National Assembly governing the law adoption procedure, but this bill is considered during a single debate. The single debate is held concurrently in principle with an in-depth debate on the bill.

Other mechanisms for participation in foreign policy by Parliament

The most intensive type of multilateral parliamentary cooperation in which the National Assembly is involved is developed through MPs' participation in the activities of multilateral parliamentary institutions and organizations in which the National Assembly has full membership status (most often), associate member or observer status. The National Assembly is represented in these institutions by its permanent delegations.

National Defence Committee (sub-report)

Functions of the Committee

The Defence and Internal Affairs Committee considers the following: bills and proposals of other general acts on conscription, labour and material obligations, mobilization, state of emergency and state of war, status and other issues of professional personnel in the Serbian Armed Forces, the military education system, international cooperation in the area of defence and military cooperation; It also considers matters concerning maintaining public law and order, public gatherings; road traffic safety; security of national borders; residence of foreign nationals; trade and transport of weapons, ammunition, and other hazardous materials...

Powers of the Committee

Composition of the Committee

The Committee has 17 members.

Parliamentary oversight of public arms manufacturing companies

The Defence and Internal Affairs Committee considers issues related to production, trade in and transport of weaponry and military equipment.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The National Assembly adopts laws and other acts on the proclamation and termination of a state of war or a state of emergency.

Role of Parliament in sending troops abroad

The Serbian Armed Forces may be used outside the borders of the Republic of Serbia only by virtue of a decision adopted by the National Assembly.

Other mechanisms for participation in national defence policy by Parliament

Circumstances

The National Assembly adopts laws and other acts on the proclamation and termination of a state of war or state of emergency.

Can parliament take the initiative to declare a state of emergency

Yes

Consequences of a state of emergency for Parliament

During a state of emergency, the National Assembly meets without formal convocation and cannot be dissolved.

Modalities of oversight

Body ruling on the constitutionality of laws

Supreme Court / Tribunal

Judicial power is unique in the territory of the Republic of Serbia. In the Republic of Serbia it is vested in courts with general and special jurisdiction. The Supreme Court of Cassation shall be the Supreme Court in the Republic of Serbia. The Constitutional Court is an autonomous and independent institution which protects constitutionality, legality, human and minority rights and freedoms.

Means and procedures

Court decisions are issued in the name of the people.
Court decisions are based on the Constitution and the law, as well as ratified international treaties and regulations consistent with the law.
Court decisions are binding on all parties and may not be subject of extrajudicial control.
A court decision may only be reviewed by an authorized court in legal proceedings prescribed by the law.

Evaluation of laws

No

Proceedings for assessing constitutionality may be instituted by state authorities, the executive of autonomous regions or local government, as well as at least 25 members of parliament. The proceedings may also be instituted by the Constitutional Court
Any legal or natural person shall have the right to an initiative to institute proceedings aimed at determining t constitutionality and legality.
The law and other general acts that are not in compliance with the Constitution or the law shall cease to be effective on the day of publication of the Constitutional Court decision in the official gazette.
Before passing the final decision and under the terms specified by the law, the Constitutional Court may suspend the enforcement of an individual general act or action undertaken on the grounds of the law or any other general act whose constitutionality or legality it is determining.
The Constitutional Court may assess the compliance of the law and other general acts with the Constitution, and compliance of general acts with the law, even when they cease to be valid, if the proceedings for determining constitutionality have been instituted, and in any case no later than six months from the day the law or other general act ceased to be valid.

Measures

Proceedings for determining constitutionality may be instituted by at least 25 members of parliament.

	INTER-PARLIAMENTARY UNION
	>>> VERSION FRANÇAISE
	HOME -> PARLINE -> SERBIA (Narodna skupstina)